In re Lazoris
U.S. Circuit Court for the District of Wisconsin
In Bankruptcy. On questions arising before the referee at the meeting of creditors for election of a trustee "certified for the opinion of the court: (1) Whether an attorney of the court, representing claims duly filed, is entitled to vote thereupon without formal powers, of attorney; (2) whether disapproval of the election of J. A. Barling as trustee was authorized by the fact that he was stockholder of a corporation creditor having a claim filed “amounting to nearly half…
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In Bankruptcy. On questions arising before the referee at the meeting of creditors for election of a trustee "certified for the opinion of the court: (1) Whether an attorney of the court, representing claims duly filed, is entitled to vote thereupon without formal powers, of attorney; (2) whether disapproval of the election of J. A. Barling as trustee was authorized by the fact that he was stockholder of a corporation creditor having a claim filed “amounting to nearly half of the entire indebtedness,” wherein duty may arise “to move to have such claim expunged or reduced.”
1Opinion of the Court
SEAMAN, District Judge.
The questions certified by the referee are answered as follows:
1. The bankruptcy act vests the right to vote for a trustee in the creditors who have unsecured claims filed and allowed, and by section x (9) [U. S. Comp. St. 1901, p. 3419] it is provided that the term “creditor” “may include his duly authorized agent, attorney or proxy.” The election of a trustee is one of the necessary proceedings in bankruptcy administration, and the authority of an attorney to represent his client at the meeting of creditors would seem to be implied from the fact of employment as…
2Cases cited4 opinions
- Falter v. ReinhardCourt of Appeals for the Sixth Circuit · 1901
- In re HenschelDistrict Court, S.D. New York · 1901
- In re HenschelCourt of Appeals for the Second Circuit · 1902
- In re ScullyDistrict Court, E.D. Pennsylvania · 1901
3Cited by6 opinions
- In Re Mayflower Hat Co.Court of Appeals for the Second Circuit · 1933
- In Re Flexible Conveyor Co.District Court, N.D. Ohio · 1957
- Schieber v. HamreCourt of Appeals for the Eighth Circuit · 1926
- In re Capitol Trading Co.District Court, N.D. New York · 1916
- Abraham v. ShinbergCourt of Appeals for the D.C. Circuit · 1951
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